Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010
The Government of Tamil Nadu published the Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010 in Tamil Nadu Government Gazette Extraordinary No. 364 on 2 December 2010, after the Act passed by the Tamil Nadu Legislative Assembly received the Governor's assent on 1 December 2010. The Act temporarily maintained status quo and suspended specified enforcement against certain unauthorised developments in the Chennai Metropolitan Planning Area while policy was prepared, but it was deemed effective from 27 July 2010 and ceased after one year.
What the Act governed
The Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010 applied only to the Chennai Metropolitan Planning Area. It addressed unauthorised developments, including buildings or land uses that lacked permission, departed from an approval, breached land use zoning or violated applicable development control and building requirements.
The definition also covered unauthorised occupation of public streets by hawkers and street vendors, and occupation by people in slum areas.
Temporary protection provided
The Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010 required the State Government to take all possible measures within one year to finalise norms, policy guidelines and feasible strategies for specified unauthorised developments, with due regard to the environment and planned, sustainable development.
The main temporary measures were:
- Status quo as at 27 July 2010 was to be maintained for the covered categories, despite any court judgment, decree or order.
- Notices issued before 27 July 2007 by a local authority or another empowered authority to initiate action against covered developments were treated as suspended.
- No punitive action, including demolition, was to be taken under those suspended notices during the one year period.
- The State Government could withdraw either concession before the end of the year by a notification in the Tamil Nadu Government Gazette.
Developments covered
The Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010 covered land use inconsistent with a master plan, detailed development plan or planning permission. It also covered construction beyond or in deviation from permission, development without planning permission or a building permit, and specified occupation by hawkers, street vendors and people in slum areas.
Important exclusions
The Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010 gave no relief for unauthorised development started or continued on or after 27 July 2007. It also excluded activities begun from that date in breach of a master plan or detailed development plan.
Unauthorised occupation of a public street was excluded unless it fell within the specified category for hawkers and street vendors. The Act also did not prevent removal of people in slum areas, hawkers or street vendors under government policies where land was required for a public project.
For property buyers and owners, the temporary status quo did not itself state that an unauthorised development had been approved or regularised.
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Common questions
Does the Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010 still operate?
No. It was deemed to have commenced on 27 July 2010 and ceased after one year, except for things done or omitted before it ceased.
Did the Act automatically regularise an unauthorised building?
The Act did not state that covered buildings were regularised. It temporarily maintained status quo and suspended specified notices and punitive action while the State Government considered norms and policy.
Were developments started after 27 July 2007 protected?
No. Relief was unavailable for unauthorised development started or continued on or after 27 July 2007, and for activities begun from that date in breach of a master plan or detailed development plan.
Could the State Government end the temporary protection early?
Yes. The State Government could withdraw the status quo concession or suspension of enforcement notices before the one year period expired by publishing a notification in the Tamil Nadu Government Gazette.
